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TMI Blog2001 (1) TMI 269X X X X Extracts X X X X X X X X Extracts X X X X ..... Dube, JDR, for the Respondent. [Order per : V.K. Agrawal, Member (T)]. - In this appeal filed by M/s. Haldi Ram Manufacturing Co. Ltd. the issue involved is computation of the amount of duty and whether in the facts and circumstances of the matter penalty is imposable on them. 2. Shri M.P. Devnath, learned Advocate, submitted that the appellants manufacture inter alia Namkeens, Mixture a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Lok Sabha, the Appellants started clearance of the impugned goods; that, however as the Notification No. 17/98 amending Notification 5/98 providing nil rate of duty in respect of Sweet meat & Namkeen etc., was issued only on 18-7-1998 the Commissioner under the impugned Order has confirmed the duty amounting to Rs. 22,29,177/- and imposed a penalty of Rs. 3 lakhs on the Appellants. The learned A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f duty and as such no penalty is imposable. 3. Shri M.M. Dubey, learned DR opposed the arguments by reiterating the findings given by the Commissioner in the impugned Order. The Commissioner had given his finding that the value at which the duty had been demanded was the price at which the goods were sold at the factory gate and as no duty was paid on this value it was correct value for char ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich the assessable value has to be determined. We, therefore, remand the matter to the Commissioner for recomputing the assessable value in terms of the decision in Sri Chakra case and recalculate the amount of duty payable by the Appellants. Taking into consideration the fact of the case, no penalty is imposable on the Appellants as they had a bona fide belief that no duty is payable once an anno ..... X X X X Extracts X X X X X X X X Extracts X X X X
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